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2026 DAILYLAW 165 (CAL)

SHRABANI BANERJEE v. STATE OF WEST BENGAL AND ORS.

WPA/15799/2024 · 2026-03-09

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

M/L 1 09.03.2026 sb Ct.3. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 15799 of 2024 Shrabani Banerjee Versus The State of West Bengal & Ors. Mr. Pronojit Roy … For the petitioner Mr. Biswajit Mukherjee Ms. Sima Chakraborty … For Kolkata Municipal Corporation Ms. Kavita Rani … For the respondent nos.4, 5 and 6 1. Affidavit of service filed in Court is taken on record. 2. The present writ petition has been filed, inter alia, praying for a direction upon the municipal authorities to set up new water connection at the premises situate at 217, Satyen Roy Road, (Mailing Address 125 Satyen Roy Road) P. S. Behala, Ward No. 120, Kolkata – 700 034. 3. The private respondents are represented. Learned advocate for the private respondents submits that the aforesaid property is Debuttar property wherein the petitioner is unauthorizedly residing. She objects to supply of water to the petitioner’s premises. 4. The municipality is represented and has filed a report which is taken on record. From the report it would transpire that the municipality has inspected the 2 WPA 15799 of 2024 premises in question and has found that there are two numbers single storey house and one temple having one existing water connection. In course of inspection it was noted that the complainant/petitioner is the daughter of Bhabananda Sarma Bhattacherjee, who was the recorded owner of the above premises. The petitioner has been facing scarcity of water due to inconvenience cause by the other legal heirs. The inspection also reveals that the existing water connection at the aforesaid premises is closed. 5. Having heard the learned advocates appearing for the respective parties and though the learned advocate for the private respondents would like to object to grant supply of water to the petitioner’s premises and would submit that the petitioner is illegally occupying the property in question, I, however, find that no steps have been taken by the private respondents to institute any legal proceedings for evicting the petitioner. On the contrary, I find that it is admitted position between the parties that the petitioner is residing in the premises in question and is also the daughter of the recorded owner. 6. Having regard to the above and noting that water is an essential supply and at present there is no domestic filtered water connection to the aforesaid premises, I grant liberty to the petitioner to apply before the municipal authorities through a licensed plumber for getting separate water connection to its premises. 3 WPA 15799 of 2024 7. In the event, such application is made, the municipal authorities shall notify the petitioner with regard to the minimum requisite fees that is required to be deposited if at all, and in the event such fees are deposited, the municipal authorities shall expeditiously provide water connection to the petitioner’s premises. The cost thereof shall be borne entirely by the petitioner. 8. In the event any obstruction is caused, the municipality shall be at liberty to seek assistance of the local police station. It is expected that the entire process shall be completed within a period of one month from the date of filing of the application by the petitioner. 9. Since no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents. 10. With the above observations and directions, the writ petition is disposed of. Urgent Photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities. (Raja Basu Chowdhury, J.)